UPDATED: Justice Ekwo has murdered justice, says Gov. Umahi, vows to stay put in office

09/03/202210/03/2022 Editor 0 Comments

* NBA describes governor’s comment as ‘Executive Rascality’

By Nnamdi Okosieme

Ebonyi State Governor, David Umahi said on Tuesday that the ruling by an Abuja High Court removing him and his deputy, Kelechi Igwe, waa nothing but a hatchet job.

Justice Inyang Ekwo presiding over High Court 8 sacked Umahi and his deputy for defecting from the Peoples Democratic Party(PDP), to the All Progressives Congress(APC).

In his ruling Justice noted that it would be constitutionally wrong for a person who was not sponsored by one political party, to defect and become a member of another political party before the expiration of the period he was elected.

Quoting Section 221 of the Nigerian constitution, the judge said the constitution does not treat the issue of defection lightly.

He added that the constitution is put in jeopardy when the will of the electorate who voted for a political party can be brazenly merchandised by candidates without consequence.

“The APC cannot govern Ebonyi State through the 3rd and 4th defendants (Messrs Umahi and Igwe), when it did not win the election that produced them”, Justice Ekwo said.

Reacting to the ruling of the court, Governor Umahi who said he was not worried about the ruling as there had been rumours before the judgment that Justice Ekwo was out to embarrass the APC and Federal Government.

“For me, I do not feel worried. I feel so sorry for the judiciary. The executive may have problems, the legislature may have problems too, but the moment justice could be purchased then we are in trouble in this country.

“Then the ruling this afternoon shows that this country is in trouble. And let me tell you that this same judge has over ten cases against the Ebonyi State
Government with him. And you can imagine what he is going to rule. We have petitioned him to NJC and we will follow it up at all costs to ensure that this man is brought to justice”, Governor Umahi said.

He called on the people of Ebonyi and Nigerians at large, to to disregard the judgement noting that it was null and void.

“There is a subsisting judgement in Zamfara date and there is also a judgement in Ebonyi State.
We have chosen the one to obey. We will not obey his ruling. We will obey the ruling of a competent court of equal level that says you cannot sue a governor.

“The section of the constitution is very clear. No criminal or civil proceedings are to be brought before a sitting governor. This is not a pre-election matter; this is not a tribunal matter, and so he has murdered justice in this country and he will be remembered by his generation for this jungle justice which has no leg to stand”, the Governor said.

Insisting that he remained the Governor of Ebonyi State as Justice Ekwo lacked tge powers to remove him, he said:

“But let me say to the nation, there is a need to look at the integrity of the judiciary because of the judiciary begins to rule on constitutional matters that are well laid down, then the citizens of this country may decide not to obey the jungle justice.”

Executive rascality

The Nigerian Bar Association(NBA) reacting to Governor Umahi’s comments, described said it amounted to executive rascality for the governor to denigrate a judge on account of a ruling.

NBA President, Akpata has says Governor Umahi should apologize and retract his comments denigrating Justice Ekwo and his ruling

NBA President, Olumide Akpata in a statement on Wednesday said the Ebonyi Governor needed to apologize to Justice Ekwo for his comments.

“To put it plainly, this is impunity of the highest order and executive rascality taken too far. While the NBA has absolutely no interest in the outcome of the case in question and will continue to stay away from partisan politics, it is inconceivable that this Association that is charged with upholding the rule of law and defending the Judiciary would sit idly by in the face of this unprovoked and totally unwarranted attack on the Judiciary,” the NBA President said.

He said the leadership of the NBA had been inundated with calls from a cross-section of well-meaning Nigerians who are understandably outraged by the utterances of Governor Umahi and who have rightly demanded that appropriate action be taken to protect the sanctity of the Judiciary.

“It is for this reason that we condemn without equivocation, Engr Umahi’s unfortunate diatribe which, if it had emanated from an average litigant, would still have been regarded as shocking but coming from one who occupies the exalted office of a State Governor, is nothing short of a national embarrassment. In the wake of the Judgment, one would have expected Engr. Umahi to sue for calm from his supporters and to assure them that all legal and constitutional avenues would be explored to challenge the judgment.

“For H.E. Engr. Umahi to instead resort to attacking and denigrating the high office of a Judge in this unprecedented manner is disgraceful, undemocratic and completely unacceptable. As Kayode Eso, JSC of blessed memory famously noted, “[t]he essence of the rule of law is that it should never operate under the rule of force or fear.” We view Engr Umahi’s reaction to this Judgment as being consistent with the current penchant, on the part of those in the executive arm of government, for intimidating the Judiciary whilst taking advantage of the historical reluctance of that arm of government to rise to its own defence”, Akpata said.

He called on Governor Umahi to apologize and retract the comments he made against the person and judgment of Justice Ekwo insisting that they be given as much media coverage as the press conference where the “unfortunate comments” were made.

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